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HomeMy WebLinkAbout02/13/2025 - Regular Minutes - City CouncilMINUTES OF THE CITY COUNCIL MEETING IN -PERSON WITH TELECONFERENCE PARTICIPATION CITY OF COLLEGE STATION FEBRUARY 13, 2025 STATE OF TEXAS COUNTY OF BRAZOS Present: John Nichols, Mayor Council: Mark Smith William Wright David White Melissa Mcllhaney Bob Yancy Scott Shafer § § City Staff: Bryan Woods, City Manager Jeff Capps, Deputy City Manager Adam Falco, City Attorney Leslie Whitten, Deputy City Attorney Tanya Smith, City Secretary Ian Whittenton, Deputy City Secretary 1. Call to Order and Announce a Ouorum is Present. With a quorum present, the meeting of the College Station City Council was called to order by Mayor Nichols via In -Person and Teleconference at 4:00 p.m. on February 13, 2025, in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2. Executive Session Agenda. In accordance with the Texas Government Code §551.071-Consultation with Attorney, §551.072-Real Estate, §551.074-Personnel, and §551.087- Economic Incentive Negotiations and the College Station City Council convened into Executive Session at 4:00 p.m. on February 13, 2025, to continue discussing matters pertaining to: 2.1. Consultation with Attorney to seek advice regarding pending or contemplated litigation, to wit: • Shana Elliott and Lawrence Kalke v. City of College Station, et al., Cause No. 22-001122-CV- 85, in the 85th District Court, Brazos County, Texas; and • The City of College Station v. The Public Utility Commission of Texas, Cause No. D- l -GN- 24-005680 in the 200th District Court, Travis County, Texas; and • Texas A&M University System v. BVGCD, et al, Cause No. 24-002626-CV-472, in the 472" d District Court, Brazos County. CCM 021325 Minutes Page 1 2.2. Deliberation on the purchase, exchange, lease, or value of real property; to wit: • Approximately 28 acres of land generally located at Midtown Drive and Corporate Pkwy in the Midtown Business Park. • Approximately 8 acres of land located at 1508 Harvey Road. • Approximately 300 acres generally located at Corporate Parkway and Midtown Drive in the Midtown Business Park. 2.3. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer: to wit: • Zoning Board of Adjustment • City Manager • Council Self -Evaluation 2.4. Deliberation on an offer of financial or other incentives for a business prospect that the Council seeks to have locate, stay or expand in or near the City; to wit: • Economic development agreement for a development generally located at the intersection of University Drive East and Tarrow Street. • Economic development agreement for a development generally located at the intersection of University Drive and College Avenue. • Economic development agreement with Fujifilm Diosynth Biotechnologies Texas, LLC, f/k/a Kalon Biotherapeutics LLC. • Economic development agreement for a development generally located at the intersection of Raymond Stotzer Parkway and State Highway 47. 3. The Open Meeting Will Reconvene No Earlier than 6:00 PM from Executive Session and City Council will take action, if any. Executive Session recessed at 6:40 p.m. No action was taken. 4. Pledge of Allegiance, Invocation, consider absence request. 5. PRESENTATION - PROCLAMATIONS, AWARDS, AND RECOGNITIONS. 5.1. Presentation of a proclamation recognizing February 2025 as Black History Month. Mayor Nichols presented a proclamation to Lisa Mouton, Mildred Davis, Felicia Benford, Natalyn Samuels, and Jennifer Ross Hasan with the BV Africa American Museum Board, Markeesha Watson with the Lincoln Center, and Barbara Moore with the City of College Station, proclaiming the month of February 2025 as Black History Month. 6. Hear Visitors Comments. Shelby Behm, College Station, came before Council regarding the lack of growth in College Station Mid -Town. She is disappointed by the tax rate in the municipal management district in relation to what she feels were the promised commercial development and amenities. Eddie Damanafshan, College Station, came before Council regarding the Mid -Town Reserve area and stated that he is disappointed in the lack of economic development and increasing tax rate in the municipal management district. CCM 021325 Minutes Page 2 7. CONSENT ITEMS Presentation, discussion, and possible action on consent items which consist of ministerial, or "housekeeping" items as allowed by law: A Councilmember may request additional information at this time. Any Councilmember may remove an item from the Consent Agenda for a separate vote. (7.2), (7.3) and (7.4) were pulled for clarification. (7.2) Jennifer Cain, Capital Projects Director, stated that the project is to develop Summit Crossing Park. This contract will include the installation of a 6' wide concrete walk around the pond, picnic area, pond overlook with railing, drainage culverts, sidewalk ramps to access Alamosa, and a pond aerator and all other related work required to complete the construction. (7.3) Jennifer Cain, Capital Projects Director, stated that this project was procured using the Invitation to Bid (ITB) Method. Five proposals were received and reviewed and the proposal by Brazos Paving, Inc. was the lowest responsible bidder. Construction of a roundabout at the intersection of Holleman Drive West and Jones Butler. The work involves tacking on new asphalt and concrete to accommodate the roundabout layout while keeping the roadways open during construction. Also includes mill and overlay of existing asphalt pavement, adjustments to the existing storm sewer, and minor adjustments to the water and wastewater systems, installing TCP, SW3P, and all other related work required to complete the construction. (7.4) Ross Brady, Chief of Staff, stated that this is the first reading of the ten-year renewal of a franchise agreement granting Atmos Energy Corporation, Mid -Tex Division a franchise to construct, maintain, and operate pipelines and equipment in College Station for the transportation, delivery, sale, and distribution of natural gas. This franchise was first granted to Atmos in 2004, when Atmos acquired the distribution and transmission assets of TXU Gas Company. 7.1. Presentation, discussion, and possible action of minutes for: • January 23, 2025 Council Meeting 7.2. Presentation, discussion, and possible action on a construction contract with McDermott Construction, LLC for the development of Summit Crossing Park in the amount of $255,668.10, plus the Citv's contingency in the amount of $25,566.00 for a total appropriation of $281,234.10 for Summit Crossing Park Development. Approval of this item rants authority for the City Manager to authorize expenditures up to the Citv's contingency amount. 7.3. Presentation, discussion, and possible action on a construction contract with Brazos Paving, Inc. in the amount of $741,674.00, plus the Citv's contingency in the amount of $74,167.40 for a total appropriation of $815,841.40 for the Holleman Drive West and Jones Butler Roundabout. Approval of this item rants authority for the City Manager to authorize expenditures up to the Citv's contingency amount. 7.4. Presentation, discussion, and possible action on the first reading of an ordinance renewing a non-exclusive natural as franchise to Atmos Energy Corporation Mid -Tex Division. 7.5. Presentation, discussion, and possible action regarding Resolution No. 02-13-25-7.5 establishing a City of College Station Council Legislative Engagement Committee. CCM 021325 Minutes Page 3 7.6. Presentation, discussion, and possible action regarding the rejection of all bids relating to Bid No. 24-073 Purchase and Redevelopment of 301 Patricia Street. 7.7. Presentation, discussion, and possible action on Ordinance No. 2025-4573 providing for the imposition of a lien against an owner's property for delinquent municipal utility service bills, pursuant to Texas Local Government Code Sec. 552.0025(d). MOTION: Upon a motion made by Councilmember Wright and a second by Councilmember Mcllhaney, the City Council voted seven (7) for and none (0) opposed, to approve the Consent agenda. The motion carried unanimously. 8. WORKSHOP ITEMS 8.1. Presentation, discussion, and possible action regarding basic public purchasing policies, procedures and statutes. Mary Ellen Leonard, Finance Director, provided an overview on the City's statutory requirements and policies and procedures for the expenditure of public funds with a local preference. Municipal Gov't Purchasing Process • Understand how local governments purchase goods and services • Key laws and processes involved • How local businesses and vendors can participate Laws Governing Municipal Purchases • GC 791, GC 2254 and GC 2269 • TX Local Gov't Code 252, 271.905 and 271.9051 Summary of LGC 271.905 and 271.9051 Contract Amt < $50,000 $100,000 to 499,999 Goods and Real Property No preference 5% of lowest bid 5% of lowest bid 3% of lowest bid or Engineering or Surveyor) Not permitted Not permitted Not permitted Not permitted Services (Other) No preference 5% of lowest bid 5% of lowest bid No preference Ethical Standards in Procurement • Fairness & Transparency: o Public procurement must ensure no favoritism or conflicts of interest. • Legal Compliance: o All purchases follow state laws and local policies. o Officials cannot accept gifts or bribes from vendors. • Conflict of Interest Rules: o Officials must disclose personal relationships with vendors. o Strict regulations ensure equal opportunity for all bidders. How Local Business Can Participate • Purchases under $50,000: o 70.9% of businesses within the City are Retail / Restaurant / Grocery CCM 021325 Minutes Construction Contracts No preference 5%oflowest bid No preference No preference Page 4 o P-Card and D-Card training for small purchases encourages local business use • Register as a Vendor: o With Brazos Valley e-Market place portal on city website. Will get notifications of opportunities for not just College Station, but also the City of Bryan, BTU, Brazos County and San Jacinto River Authority. o Register as a vendor with Buy Board (cooperative purchasing group). • Prepare Competitive Bids: o Read the bid requirements carefully. o Ensure pricing is competitive and meets all qualifications. o Attend Pre -Bid Meetings to understand project details and ask questions. o Submit On Time: Late submissions are automatically rejected. A consensus of Council directed staff to review purchasing policies and procedures of other cities that do have a local preference and bring back possible changes for consideration. 8.2. Presentation, discussion, and possible action on an update from the Co11e2e Station Police Department. Billy Couch, Police Chief, provided an update on calendar year 2024 operations and activities for the College Station Police Department. • Calls for Service Reactive v. Proactive • Crime Victim Services • Response Times • Air Operations • Crime Statistics • Unit Profiles • Arrest Data Residents vs Non- • Drone Fleet Inventory Residents • Flight Missions • Traffic Contact Analysis • Air Operations Video Mayor Nichols opened up for Citizen Comments. Brian Alg, College Station, came before Council to share his opinions about the death of Mark Hopkins, the police actions on that day, and transparency since the event. Citizen Comments was closed. 8.3. Presentation, discussion, and possible action on an update from the Co11ete Station Fire Department. Richard Mann, Fire Chief, provided an update on calendar year 2024 operations and activities for the College Station Fire Department. • Call Volume Trends • New Response Model • Areas of Service Delivery • Fire & EMS Response Trend to ETJ • Most Common Call Types • Treatment & Transport • Response Time Trends • Ambulance Capacity Mayor Nichols recessed Council Meeting at 9:36 p.m. • Fire Prevention Occupancy Inspections • Community Outreach • New Shift Schedule • Fire Station 7 • Fire Vehicle Fleet • Additional Revenue Opportunities CCM 021325 Minutes Page 5 The Council Meeting reconvened at 9:42 p.m. 8.4. Presentation, discussion, and possible action on code compliance and utility issues in aging multifamily properties. Debbie Eller, Community Services Director, reported that the information being presented relates to problems that have been seen and reported with older multi -family dwellings. Rental Property Maintenance Issues • Aging apartments (6 problem properties) • Not limited to multi -family • SeeClickFix usage for documenting concerns • Referrals: TAMU & B-CS Apartment Association • SCF Report: 2023 - 77 2024 - 87 2025 - 16 Challenges & Opportunities • Lease terms • Affordable rental units • Tenant population • Retaliation concern upon report • Unfounded issues reported • Identification of tenant caused problems (example: infestation) Combined Totals for 2 Properties • 1501 Holleman — Holleman Oaks Apartments • 700 Dominik — The Dominik Apartments o 230 Total Summons from June 2022 - present o Fines paid on both properties - $20,668 o Fines due: $28,385 Majority of Council directed staff to continue to work through the abatement processes to address issues or obtain compliance from the properties on Holleman and Dominik. 9. REGULAR ITEMS 9.1. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2025- 4574 amending Appendix A, Unified Development Ordinance, Article 4, "Zoning Districts," Section 4.2 "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundaries from R Rural to MU Mixed -Use for approximately 12.43 acres at 2950 Rock Prairie Road West, generally located west of the intersection of Rock Prairie Road West and Old Wellborn Road. Jeff Howell, Planning and Development, stated that the purpose of this request is to change the R Rural zoning to MU Mixed -Use for about 12.43 acres of land that are typically west of the intersection of Rock Prairie Road West and Old Wellborn Road. The proposed rezoned site is mostly undeveloped, with a few existing single-family connected units (duplexes) on an unplatted property. When the CCM 021325 Minutes Page 6 property was first annexed by the city in 2002, it was classified R Rural. The purpose of this zoning request is to encourage further development in this area. In order to authorize uses that are prohibited on properties rated R Rural under the MU Mixed -Use zoning, the applicant is asking the zoning district to change. At the Planning and Zoning Commission meeting on January 16th, this item was discussed. The Commission voted 6-0 to recommend approval, but only if the construction, installation, and acceptance of a roughly 506-foot section of sewer line (from manhole numbers 038B2M007 to 038B2M006) on Old Wellborn Road be improved within 24 months of the ordinance being signed. This line must adhere to the B/CS Design Guidelines and be approved by the Planning and Development Services Department and the Water Services Department of the City of College Station. At approximately 10:33 p.m., Mayor Nichols opened the Public Hearing. There being no further comments, the Public Hearing was closed at 10:33 p.m. MOTION: Upon a motion made by Councilmember Wright and a second by Councilmember Smith the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2025-4574, amending Appendix A, Unified Development Ordinance, Article 4, "Zoning Districts," Section 4.2 "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundaries from R Rural to MU Mixed -Use for approximately 12.43 acres at 2950 Rock Prairie Road West, generally located west of the intersection of Rock Prairie Road West and Old Wellborn Road, with the condition of the construction, installation, and acceptance of a roughly 506-foot section of sewer line (from manhole numbers 038B2M007 to 038B2M006) on Old Wellborn Road be improved within 24 months of the ordinance being signed.. The motion carried unanimously. 9.2. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2025- 4575 amending Appendix A, Unified Development Ordinance, Article 4, "Zoning Districts," Section 4.2 "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundaries from R Rural to WC Wellborn Commercial on approximately 4 acres generally located at 15305 FM 2154. Robin Macias, Planning and Development, stated that the purpose of this request is to change the R Rural zoning of around 4 acres of land at 15305 FM 2154 to WC Wellborn Commercial. The City of College Station now owns the undeveloped property. The rezoning is intended to make the site more marketable and to permit future commercial use. This item was discussed during the January 16th meeting of the Planning and Zoning Commission, which unanimously recommended approval. At approximately 10:37 p.m., Mayor Nichols opened the Public Hearing. There being no further comments, the Public Hearing was closed at 10:37 p.m. MOTION: Upon a motion made by Councilmember Yancy and a second by Councilmember Shafer the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2025-4575, amending Appendix A, Unified Development Ordinance, Article 4, "Zoning Districts," Section 4.2 "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas by changing CCM 021325 Minutes Page 7 the zoning district boundaries from R Rural to WC Wellborn Commercial on approximately 4 acres generally located at 15305 FM 2154. The motion carried unanimously. 9.3. Presentation, discussion, and possible action on approval of Amendment No. 1 to the Construction Manager at Risk (CMAR) contract with Lott Brothers Construction Co., Inc. accepting the Guaranteed Maximum Price (GMP) of $827,573 for off -site utilities for the Fire Station No. 7 Project. Jennifer Cain, Capital Projects Director, stated that all necessary off -site utility work for the Fire Station No. 7 project is included in this update to the present construction manager at risk contract with Lott Construction, accepting the guaranteed maximum price. This covers stormwater pollution prevention, traffic management, landscape restoration, concrete repair, demolition, and off -site utilities. The GMP for the building construction, site utilities, dry utilities, and paving work will be included in the second amendment, which is scheduled to be presented to the Council in April. The Construction Manager at Risk (CMAR) for pre -construction and construction phase services was solicited via Request for Qualifications (RFQ) on March 27, 2024, RFQ 24-035 and RFP 24-035. Three (3) responses were submitted to RFQ 24-035 and two (2) were invited to submit for the RFP 24-035. Both respondents to the RFP were interviewed. After evaluation and interviews, Lott Brothers Construction, Inc. was selected as the most qualified, best value for the city based on the published selection criteria. The Facilities and IT Capital Improvement Projects Fund presently has $18,000,000 allocated for this project. There is still $16,153,025.09 remaining for project expenses after $1,846,974.91 has been pledged or spent thus far. The City of College Station's General Obligation Bond Election in November 2022 authorized funding for this project. MOTION: Upon a motion made by Councilmember Yancy and a second by Councilmember White the City Council voted seven (7) for and none (0) opposed, to approve Amendment No. 1 to the Construction Manager at Risk (CMAR) contract with Lott Brothers Construction Co., Inc. accepting the Guaranteed Maximum Price (GMP) of $827,573 for off -site utilities for the Fire Station No. 7 Project. The motion carried unanimously. 9.4. Presentation, discussion, and possible action regarding appointments to the Zoning Board of Adjustments. Tanya Smith, City Secretary, presented the Zoning Board of Adjustments to the Council for their determination on applicants. Zoning Board of Adjustments • Valen Cepak - Alternate 1 for a 2-yr term • Alison Drouilhet - Alternate 2 for a 2-yr term • Gabriel Rojo Luke - Alternate 3 for a 2-yr term • Brian Yung - Alternate 4 for a 2-yr term MOTION: Upon a motion made by Councilmember Wright and a second by Councilmember Mcllhaney, the City Council voted seven (7) for and none (0) opposed, to approve the Zoning Board of Adjustments as stated. The motion carried unanimously. 10. Items of Community Interest and Council Calendar: The Council may discuss upcoming events and receive reports from a Council Member or City Staff about items of community CCM 021325 Minutes Page 8 interest for which notice has not been given, including: expressions of thanks, congratulations or condolence; information regarding holiday schedules; honorary or salutary recognitions of a public official, public employee, or other citizen; reminders of upcoming events organized or sponsored by the City of College Station; information about a social, ceremonial or community event organized or sponsored by an entity other than the City of College Station that is scheduled to be attended by a Council Member, another city official or staff of the City of College Station; and announcements involving an imminent threat to the public health and safety of people in the City of College Station that has arisen after the posting of the agenda. Mayor Nichols recognized City Secretary Tanya Smith for her 2" a Texas Municipal Clerk Re - Certification for another 5-years. Councilmember Mcllhaney recognized the REACH Project "4th Annual For the Culture Market" event recently held at City Hall. 11. Council Reports on Committees, Boards, and Commission: A Council Member may make a report regarding meetings of City Council boards and commissions or meetings of boards and committees on which a Council Member serves as a representative that have met since the last council meeting. (Committees listed in Coversheet) Councilmember Shafer reported Bicycle, Pedestrian and Greenway Advisory Board. Councilmember Smith reported on a recent Chamber of Commerce delegation trip to Austin. 12. Future Agenda Items and Review of Standing List of Council Generated Future Agenda Items: A Council Member may make a request to City Council to place an item for which no notice has been given on a future agenda or may inquire about the status of an item on the standing list of council generated future agenda items. A Council Member's or City Staffs response to the request or inquiry will be limited to a statement of specific factual information related to the request or inquiry or the recitation of existing policy in response to the request or inquiry. Any deliberation of or decision about the subject of a request will be limited to a proposal to place the subject on the agenda for a subsequent meeting. No future agenda items at this time. 13. Adjournment. There being no further business, Mayor Nichols adjourned the meeting of the City Council at 10:48 p.m. on Thursday, February 13, 2025. P. Nichols, Mayor Tanya Smithu,City Secretary CCM 021325 Minutes Page 9